Comments on: “Form and Substance” http://www.adamsdrafting.com/2006/09/08/form-and-substance/ Tue, 31 Jan 2012 01:23:03 +0000 hourly 1 http://wordpress.org/?v=abc By: AdamsDrafting » Blog Archive » The Perils of Providing for Entry into a Contract on “Customary” Terms http://www.adamsdrafting.com/2006/09/08/form-and-substance/comment-page-1/#comment-6529 AdamsDrafting » Blog Archive » The Perils of Providing for Entry into a Contract on “Customary” Terms Thu, 12 Jul 2007 14:30:14 +0000 http://www.adamsdrafting.com/2006/09/08/form-and-substance/#comment-6529 [...] this September 2006 blog post I examined the phrase form and substance, as in “an opinion of counsel in form and substance [...] [...] this September 2006 blog post I examined the phrase form and substance, as in “an opinion of counsel in form and substance [...]

]]> By: Mary http://www.adamsdrafting.com/2006/09/08/form-and-substance/comment-page-1/#comment-423 Mary Fri, 08 Sep 2006 23:52:17 +0000 http://www.adamsdrafting.com/2006/09/08/form-and-substance/#comment-423 Why not just "satisfactory to buyer"? Whether the buyer relies on opinion of counsel is between the buyer and counsel. However, unless I am being paid by the hour, I prefer more specific requirements. I frequently do engineering work in which the contract (or purchase order) requires that I deliver documents. My preference is that the documents delivered conform to some specific standard, legal requirement, or example. For example, a document may be required to be "as required by 21 CFR xxxx", or "in the specific format as the example document in exhibit A of this contract". If a particular form (or format) is required, that requirement should be made clear in the contract by specification or by reference. Why not just “satisfactory to buyer”? Whether the buyer relies on opinion of counsel is between the buyer and counsel. However, unless I am being paid by the hour, I prefer more specific requirements.

I frequently do engineering work in which the contract (or purchase order) requires that I deliver documents. My preference is that the documents delivered conform to some specific standard, legal requirement, or example. For example, a document may be required to be “as required by 21 CFR xxxx”, or “in the specific format as the example document in exhibit A of this contract”.

If a particular form (or format) is required, that requirement should be made clear in the contract by specification or by reference.

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